S.Amdt. 4530

SA 4530. Mr. VAN HOLLEN (for himself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--Foreign Service Families Act of 2021

SECTION 1071. SHORT TITLE.

This subtitle may be cited as the ``Foreign Service
Families Act of 2021''.

SEC. 1072. TELECOMMUTING OPPORTUNITIES.

(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
where there is a related Foreign Service assignment pursuant
to an approved Domestically Employed Teleworking Overseas
(DETO) agreement.
(2) Participation.--The policy described under paragraph
(1) shall--

[[Page S8047]]

(A) ensure that telework does not diminish employee
performance or agency operations;
(B) require a written agreement that--
(i) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
(ii) is mandatory in order for any employee to participate
in telework;
(C) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(D) except in emergency situations as determined by the
head of an agency, not apply to any employee of the agency
whose official duties require on a daily basis (every work
day)--
(i) direct handling of secure materials determined to be
inappropriate for telework by the agency head; or
(ii) on-site activity that cannot be handled remotely or at
an alternate worksite;
(E) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency; and
(F) enumerate the circumstances under which employees may
be permitted to temporarily perform work requirements and
duties from approved overseas locations.
(b) Access to ICASS System.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise chapter 900 of volume 6 of the Foreign Affairs
Manual, the International Cooperative Administrative Support
Services Handbook, the Personnel Operations Handbook, and any
other relevant regulations to allow each Federal agency that
has enacted a policy under subsection (a) to have access to
the International Cooperative Administrative Support Services
(ICASS) system.

SEC. 1073. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE
FAMILY MEMBERS OF MEMBERS OF THE FOREIGN
SERVICE.

Section 706(b) of the Foreign Service Act of 1980 (22
U.S.C. 4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may'' and inserting ``The
Secretary shall''; and
(B) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities,
as appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed
pursuant to subsection (b) of such section 1784.'';
(2) by redesignating paragraph (2) as paragraph (9);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary shall prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination
found in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country of
assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a manner reasonably designed to
reach eligible family members of sponsoring employees whose
permanent duty stations are in the same country as that in
which the position is located; and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in
the same country as the permanent duty station of their
sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with entitlement or preference in
hiring over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to
an eligible family member and a non-Department entity space
in an embassy or consulate for the purpose of the non-
Department entity providing employment-related training for
eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
eligible family member employment.
``(6) The Secretary may--
``(A) develop partnerships with firms in the private sector
to enhance employment opportunities for eligible family
members and to provide for improved job portability for such
spouses, especially in the case of an eligible family member
accompanying a sponsoring employee to a new geographical area
because of a change of permanent duty station of the
sponsoring employee; and
``(B) work with the United States Chamber of Commerce and
other appropriate private-sector entities to facilitate the
formation of such partnerships.
``(7) The Secretary may prescribe regulations to
incorporate hiring preferences for eligible family members of
sponsoring employees into contracts between the Department
and private sector entities.
``(8)(A) The Secretary of State may enter into a
cooperative agreement with the Council of State Governments
to assist with funding of the development of interstate
compacts on licensed occupations in order to alleviate the
burden associated with relicensing in such an occupation by
an eligible family member in connection with a permanent
change of duty station of their sponsoring employee.
``(B) The total amount of assistance provided under
subparagraph (A) for all interstate compacts in any fiscal
year may not exceed $4,000,000.
``(C) The amount provided under subparagraph (A) as
assistance for the development of any particular interstate
compact may not exceed $1,000,000.
``(D) Not later than February 28 each year, the Secretary
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on interstate compacts described in
subparagraph (A) developed through assistance provided under
that subparagraph. Each report shall set forth the following:
``(i) Any interstate compact developed during the preceding
calendar year, including the occupational licenses covered by
such compact and the States agreeing to enter into such
compact.
``(ii) Any interstate compact developed during a prior
calendar year into which one or more additional States agreed
to enter during the preceding calendar year.
``(E) The authority to enter into a cooperative agreement
under subparagraph (A), and to provide assistance described
in that subparagraph pursuant to such cooperative agreement,
expire on September 30, 2024.''; and
(4) by adding after paragraph (9), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(10) In this subsection, the term `eligible family
member' refers to family members of government employees
assigned abroad or hired for service at their post of
residence who are appointed by the Secretary of State or the
Administrator of the United States Agency for International
Development pursuant to sections 102, 202, 303, and 311.''.

SEC. 1074. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the status of
implementation of the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of
the FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals would
enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.

SEC. 1075. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS
CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.

Section 311 of the Foreign Service Act of 1980 (22 U.S.C.
3951) is amended by adding at the end the following:

[[Page S8048]]

``(e) The Secretary shall hold a family member of a
government employee described in subsection (a) seeking
employment in a position described in that subsection to the
same employment standards as those applicable to Foreign
Service officers, Foreign Service personnel, or foreign
national employees seeking the same or a substantially
similar position.''.

SEC. 1076. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING
FEDERAL SERVICE.

(a) In General.--Section 135 of the Higher Education Act of
1965 (20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and
inserting ``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30
days and'' and inserting ``member of a qualifying Federal
service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty
for a period of more than 30 days (as defined in section 101
of title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made under subsection
(a) shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2021.

SEC. 1077. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.

(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:

``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES AND TELEPHONE SERVICE CONTRACTS.

``The terms governing the termination of residential or
motor vehicle leases and telephone service contracts
described in sections 305 and 305A, respectively of the
Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956)
with respect to servicemembers who receive military orders
described in such Act shall apply in the same manner and to
the same extent to members of the Service who are posted
abroad at a Foreign Service post in accordance with this
Act.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 906 the following new
item:

``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
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